New federal regulations released Friday will prevent colleges and coaches from suspending athletes accused of sexual misconduct while school officials investigate complaints against them.
The due process provision is one of several outlined in the U.S. Department of Education’s final version of regulations governing how K-12 schools, colleges and universities respond to complaints of sexual harassment and violence under Title IX. The regulations are scheduled to go into effect Aug. 1. This provision was originally adopted in 2020 under the Trump administration by former Education Secretary Betsy DeVos. While it has been championed by male athletes facing accusations and organizations advocating for stronger due process protections, it has been decried and criticized by survivors and their supporters for intimidating those who report violations and putting other students at risk.
When asked about the due process provision, A senior administration official said Thursday that to remove a student from an athletic team, or any activity, before a finding of responsibility is an unfair burden on that student.
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